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(영문) 인천지방법원 부천지원 2014.04.23 2013고정1216
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 15, 2012, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 30 million to a D company, he/she will subcontract the relevant civil works,” at the Han-gu law firm office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, 1572-18, under a contract with the victim C.

However, in fact, the Defendant did not enter into a contract with D Companies, and was only liable for approximately KRW 130 million without any special property at the time, so even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to subcontract or borrow money from D Companies.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 30 million, including KRW 15 million on the same day and KRW 15 million on October 17, 2012, and KRW 30 million on the same day from the victim as the borrowed money, and acquired it through the defrauded’s account.

2. On November 3, 2012, the Defendant concluded that, “Around November 3, 2012, Seocho-gu Seoul ECo, Ltd., lent KRW 20 million as the amount to be invested in the structural frame and equipment construction to the victim C, the Defendant would be repaid within 10 days, and that the Defendant would allow the G Co., Ltd to receive the construction of the F building.”

However, in fact, the Defendant was not capable of receiving the above F building construction and was only liable for approximately KRW 130 million without any special property at the time, so even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the said public construction works to the G Company or to repay the borrowed money.

The Defendant, as such, by deceiving the victim and taking over the above construction work by G Company, received money from the victim who believed that he would be able to carry out civil construction work together with G Company on the same day as the loan money and acquired it by deceiving the victim into his flood bank account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C witness C and H 1.

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